PEOPLE v. SIMPSON

THE COURT.

Defendant and appellant has made application for a stay of execution of a judgment of conviction pending the determination of her appeal following the refusal of the trial court to order a stay of execution pending the appeal pursuant to section 1243 of the Penal Code.

We have examined the record on appeal and have concluded that the grounds urged for a reversal of the judgment present debatable questions meriting extended consideration by the court and that the appeal has been taken in good faith and is not frivolous. Under these circumstances, a stay of execution should be and is granted pending the final determination of the case on appeal. ( People v. Burnette (1939), 34 Cal.App.2d 663 [94 P.2d 399]; In re Albori (1928), 95 Cal.App. 42 [ 272 P. 321]; People v. Biescar (1928), 95 Cal.App. 70 [ 272 P. 328]; In re Brahm (1929), 98 Cal.App. 731 [ 277 P. 895].)

Desmond, P.J., Shinn, J., and Wood (Parker), J., concurred.